Report to: Development Services Committee Date of Meeting: May 6, 2008

SUBJECT: Intention to Designate under Part IV of the Ontario Heritage Act

Munshaw Homestead

10 Ruggles Avenue

Condor Properties Ltd.

PREPARED BY: George Duncan, Senior Heritage Planner, ext. 2296

RECOMMENDATION:

That as recommended by Heritage Markham, the Munshaw Homestead – 10 Ruggles Avenue, be approved for designation under Part IV of the Ontario Heritage Act as a property of cultural heritage value or interest;

That the Clerk’s Department be authorized to publish and serve Council’s Notice of Intention to Designate as per the requirements of the Ontario Heritage Act;

That if there are no objections to the designation in accordance with the provisions of the Ontario Heritage Act, the Clerk be authorized to place a designation by-law before Council for adoption; and

And That if there are any objections in accordance with the provisions of the Ontario Heritage Act, the Clerk be directed to refer the proposed designation to the Ontario Conservation Review Board.

EXECUTIVE SUMMARY:

Not applicable

FINANCIAL CONSIDERATIONS:

Not applicable.

1. Purpose 2. Background 3. Discussion 4. Financial 5. Environmental

6. Accessibility 7. Engage ^21st 8. Affected Units 9. Attachment(s)

PURPOSE:

The purpose of this report is to recommend to Council that the “Munshaw Homestead” (historical reference) be designated under Part IV of the Ontario Heritage Act.

BACKGROUND:

The building is listed on the Town of Markham Register

The subject building is located at 10 Ruggles Avenue, within the Langstaff Community. It is included in the Markham Register of Properties of Cultural Heritage Value or Interest (“The Register”). The Register is the Town’s inventory of non-designated properties identified as having cultural heritage value and interest, Part IV (individual) designated properties, and Part V (heritage district) designated properties. As part of the 2006 survey of potential heritage resources in the Langstaff Community, the building was evaluated as a Group 1 heritage building.

The Munshaw Homestead is associated with an important Markham family and the early settlement of Yonge Street

The Munshaw Homestead is a one and a half storey, aluminium siding-clad residence located on the west side of Ruggles Avenue, within the Langstaff community of Markham. The underlying wall construction is believed to be hewn log. The Munshaw Homestead is a very early Georgian tradition building, remaining on its original site. It is one of only a few structures remaining from the crossroads community of Langstaff. As the original farmhouse predating Langstaff itself, and because of its association with a significant pioneering family of Markham Township, the Munshaw Homestead is of considerable historical and contextual significance.

The Munshaw Homestead is of cultural heritage value or interest for its association with Balsar and Katharine Munshaw, German-American immigrants from Pennsylvania who joined the Berczy group in the United States as they journeyed to Upper Canada. Balsar Munshaw received the Crown patent for Lot 35, Concession 1, Markham Township in 1802, after living on the land for eight years. The Munshaws arrived in the area in 1794.

The Statement of Significance- Reasons for Designation is attached as Appendix ‘A’.

The building has been evaluated using the Town’s heritage evaluation system

The building was evaluated by Heritage Markham and staff using the Town’s Heritage Building Evaluation System. The Munshaw Homestead was evaluated as a Group 1 Heritage Building. Group 1 buildings are those buildings of major significance and importance to the Town and worthy of designation under the Ontario Heritage Act.

The building has been assessed using the Ministry of Culture’s Designation Criteria

The Government of Ontario on January 25, 2006 passed a regulation (O.Reg. 9/16) which prescribes criteria for determining a property’s cultural heritage value or interest for the purpose of designation. Municipal councils are permitted to designate a property to be of cultural heritage value or interest if the property meets the prescribed criteria.

The purpose of the regulation is to provide an objective base for the determination and evaluation of resources of cultural heritage value. The prescribed criteria help ensure the effective, comprehensive and consistent determination of value or interest by all Ontario municipalities. The criteria are essentially a test against which properties can be judged; the stronger the characteristics of the property compared to the standard, the greater the property’s cultural heritage value. The property may be designated if it meets one or more of the criteria.

The subject property has cultural heritage value or interest as it meets the following criteria:

• The property has design value or physical value because it:
• Is a rare, unique, representative or early example of a style, type expression, material or construction method,
• The property has historical value or associative value because it:
• Has direct associations with a theme, event, belief, person, activity, organization or institution that is significant to a community;
• Yields, or has the potential to yield, information that contributes to an understanding of a community or culture, or
• The property has contextual value because it:
• Is important in defining, maintaining or supporting the character of an area,
• Is physically, functionally, visually or historically linked to its surroundings.

Heritage Markham has recommended designation

The designation process under the Ontario Heritage Act requires a municipal council to consult with its municipal heritage committee when properties are considered for designation. The historical research and heritage attributes related to this heritage resource were reviewed by Heritage Markham on March 12, 2008 and the committee has recommended that the resource be designated as a property of cultural heritage value or interest (Extract, Appendix ‘B’).

The building is located within a future redevelopment area

The building is in private ownership within a future redevelopment area of the Langstaff Community. This area, which contains a number of older homes and industrial uses, is an area in transition and is under study for redevelopment. The Department is coordinating an Urban Design Study to determine appropriate development options for the neighbourhood. We have prepared a list of Group 1 and 2 heritage buildings, including 10 Ruggles Avenue, to assist with the heritage planning aspects of the study, which is pending.

OPTIONS/ DISCUSSION:

The preservation of the heritage resource is consistent with Town policies

The Town of Markham Official Plan contains Cultural Heritage policies related to the protection and preservation of heritage resources and how they are to be treated within the development process of an area. These policies support the preservation of heritage resources on their original site, and the integration into new development proposals. The designation of this resource will ensure that its heritage attributes are addressed and protected.

Provincial planning policies support designation

The Ontario Government’s current Provincial Policy Statement which was issued under Section 3 of the Planning Act and came into effect March 2005 includes cultural heritage policies. These policies indicate that significant built heritage resources and significant cultural heritage landscapes shall be conserved. Designation provides a mechanism to achieve the necessary protection. The policies further indicate that development and site alteration may be permitted on adjacent lands to protected heritage property where the proposed development has been evaluated and it has been demonstrated that the heritage attributes of the resource will be conserved.

Designation will help facilitate the integration of the resource into the planning process

Heritage designation will strengthen the Town’s ability to provide for the appropriate integration of the heritage resource into development proposals. It will enhance the resource’s status during changes in ownership and offer protection from potential alterations that may affect the heritage attributes and value.

The new owner has been advised of the heritage status of the Munshaw Homestead

Land assembly is currently underway by development companies in anticipation of future redevelopment in this area. The property at 10 Ruggles Avenue, the most significant of all of the local heritage resources, has recently been sold to a land development company. The purchaser has been advised by letter, through the solicitor handling the real estate transaction, that the house on the property is listed on the Register. The owner has been notified of the proposed heritage designation of the property.

The significance of the building warrants pro-active action to protect it prior to the anticipated submission of a future development application

Given the exceptional significance of the Munshaw Homestead, staff recommends that designation under Part IV of the Ontario Heritage Act be initiated to enhance the status and protection of this building prior to detailed development planning taking place.

Designation acknowledges the importance of the heritage resource

Designation signifies to both the owner and the broader community that the property contains a significant resource that is important to the community. Designation doesn’t restrict the use of the property. However, it does require the owner to seek approval for property alterations that are likely to affect the heritage attributes described in the designation by-law. Council can also prevent, rather than just delay, the demolition of a resource on a designated heritage property.

The designation of this cultural heritage resource is supported by staff.

FINANCIAL TEMPLATE (Separate Attachment):

Not applicable.

ENVIRONMENTAL CONSIDERATIONS:

Not applicable.

ACCESSIBILITY CONSIDERATIONS:

Not applicable.

ENGAGE 21^ST CONSIDERATIONS:

Heritage designation helps achieve a quality community by recognizing, promoting and protecting heritage resources, which strengthen the sense of community.

BUSINESS UNITS CONSULTED AND AFFECTED:

Acceptance of this recommendation to designate the property located at 10 Ruggles Avenue under Part IV of the Ontario Heritage Act will require the Clerk’s Department to initiate the following actions:

• publish and serve on the property owner, the Ontario Heritage Trust and the public through newspaper advertisement, Council’s notice of intention to designate the property as per the requirements of the Act: and

• prepare the designation by-law for the property

RECOMMENDED BY:

Valerie Shuttleworth, M.C.I.P., R.P.P. Director of Planning & Urban Design

Jim Baird, M.C.I.P., R.P.P. Commissioner of Development Services

ATTACHMENTS:

Figure 1 – Owner/Agent and Location Map

Figure 2 - Building Photographs

Appendix ‘A’ – Statement of Significance/ Reasons for Designation

Appendix ‘B’ – Heritage Markham Extract

FILE PATH:

Q:\Development\Heritage\PROPERTY\RUGGLES\10\DSCMay608.doc

FIGURE 1:

Owner:

Condor Properties Ltd.

30 Floral Parkway

Concord, ON

L4K 4R1

Contact:

Mr. Romeo DeGasperis

Tel. (905) 669-5400

Fax. (905) 669-2296

Location Map: